Swiss Legislation Research Articles

Проблемные аспекты участия защитника в процессе доказывания по уголовным делам в отношении несовершеннолетних

The article deals with the most problematic aspects of the participation of a lawyer-defender in the process of criminal proceedings on a crime committed by a minor. The author emphasizes the specifics of the preliminary investigation and consideration of criminal cases in the courts in relation to juvenile accused and suspects. An in-depth analysis of the conceptual differences in the position of the defender as a procedural figure in Russian and Swiss legislation is carried out. Attention is focused on the need for further research to optimize the participation of a defense lawyer. Special attention is paid to the problem of gender consideration when choosing such an important procedural figure in cases of crimes committed by minors as a lawyer.

Authorization of animal research proposals – a comparison of harm concepts in different European regulations

Meeting the professional responsibilities of veterinarians in animal research has been described by the German Federal Chamber of Veterinary Surgeons (Bundestierarztekammer, BTK) as a “special ethical challenge”. Veterinarians are involved in animal research, not only as researcher and animal welfare officers, but also as members of ethical review committees and as such require a unique set of skills to provide a wide range of services and practices. Animal research in Europe is strictly regulated. The harm-benefit analysis (HBA) is one of the legal corner stones in project authorization and as such has to be carried out within a specific legal framework. Hence, veterinarians (and other members of ethical review committees) require an understanding of the normative foundation of animal research legislation in order to fulfill their role and responsibilities. Against this background, it is the goal of this article (1) to introduce the rationale and role of the harm concept and the HBA in project evaluation of animal research. (2) We then outline the different harm concepts which the European and the Swiss legislation are based on and (3) elaborate on the moral significance that is given to different forms of harm within the HBA in these legal frameworks. (4) Last, we demonstrate potential practical implications of these conceptually different normative frameworks for project evaluation in animal research with the practical example of genetically disenhancing the ability of rodents to feel pain and to suffer.

Legal status of the underage parents in German, Austrian, Swiss, and Russian legislation: comparative analysis

The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author’s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

KISITLAMA VE VASİ ATAMA KARARI İLANININ ALENİYETİ SAĞLAMA FONKSİYONU VE İLAN NEDENİYLE KİŞİLİK HAKLARININ İHLAL EDİLİP EDİLMEDİĞİ SORUNU

Kısıtlama, fiil ehliyetinin sınırlandırılmasıdır. Kısıtlama, bu yönüyle kişi özgürlüğüne doğrudan bir müdahale olduğu için ancak kanunda sınırlı bir şekilde sayılan sebeplere dayanılarak bir mahkeme kararı ile gerçekleşebilir. Önemli sonuçları sebebiyle genel usul hükümlerinin yanısıra kısıtlama yargılamasına ilişkin bazı özel kurallara bizzat Medeni Kanun’da yer verilmiştir. Kısıtlama kararı kesinleştikten sonra derhal kısıtlının yerleşim yeri ve nüfusa kayıtlı olduğu yerde ilan edilmektedir. İlan, kısıtlı kişiyle hukuki ilişkiye giren üçüncü kişilerin iyiniyetini bertaraf eder. İlanın amacı işlem güvenliğini sağlamaktır. Bunun için kısıtlamanın herkese duyurulması, tüm toplumca bilinir olması hedeflenmektedir. İlanla birlikte kişinin kısıtlanmış olduğu, toplumda herkes tarafından bilinebilir hale gelmektedir. Bu durum kişinin özel alanını, onur ve saygınlığını ihlal etmektedir. Kişilik haklarını ve kişisel verileri koruma amacı ile işlem güvenliğini sağlama amacı ölçülü bir şekilde bağdaştırılmalıdır. Kısıtlanan kişiyle hukuki işlem kurabilecek kişi sayısı dikkate alındığında kararın ilan edilmesi, işlem güvenliğini sağlamak için yapılan ölçüsüz bir düzenlemedir. Bu düzenleme, kişilik haklarının ve kişisel verilerin korunması prensibini tamamen göz ardı etmektedir. Kişilik haklarının ve kişisel verilerin korunması prensibini dikkate alan İsviçre kanun koyucusu vesayet sistemini tamamen değiştirmiş ve fiil ehliyetinin sınırlanmasına yönelik kararların ilan edilmeyeceğini, bunun yerine ilgisini inanılır kılan kimsenin ilgili kurumdan söz konusu kişinin ehliyeti hakkında bilgi talep edebilmesine yönelik bir düzenleme getirmiştir.

Hate Speech and the current role of participative platforms

The language of hatred is a complex phenomenon, which still does not know a universally recognized definition. There are also obstacles in identifying and prosecuting those who publish and disseminate hate content, especially because Internet giants such as Facebook and Twitter benefit from a certain legislative immunity and mostly operate in a self-regulated environment. The Swiss legislator, so far, opted for a collaborative approach, where law enforcement authorities involve the platforms only in case of anonymity of the perpetrator or when the published content is deemed illegal and has to be blocked or removed. The intention is to describe the role played by participative platforms and the current legal perspective in Switzerland in combating Hate Speech.

МЕЖДУНАРОДНЫЕ СВЯЗИ КАНТОНОВ ШВЕЙЦАРИИ: ВОПРОСЫ ПРАВА И УПРАВЛЕНИЯ

International activity of modern states has the multi-layered nature comprising regions and municipalities (local communities). Switzerland is a federal state where cantons have broad powers. Cantons’ international activity is a matter of academic interest. Firstly, they develop cooperation with the constituent entities of the Russian Federation. Secondly, they have much experience in international activity. Thirdly, that issue hasn’t been sufficiently researched in Russia. The subject of the study is an analysis of legal regulation and the mechanism of public administration in the field of the Swiss cantons’ international links. The formal legal, comparative and functional methods are used. The source base includes Swiss legislation, cantons’ constitutions and their international treaties. Special attention is paid to the practical aspect of the cantons’ participation in the international relations, particularly with the subjects of the Russian Federation. The resources of the data are the Ministry of Foreign Affairs and the Ministry of Industry and Trade of the Russian Federation. The novelty of the analysis is the determination of forms of cantons’ international activity, as well as the analysis of the institutional mechanism of public administration in that area. The findings can be used to improve the practice of the public administration and the coordination of the international and foreign economic links of the constituent entities of the Russian Federation.

The extraordinary autonomy of sports bodies under Swiss law: lessons to be drawn

High-profile decisions of the sports governing bodies and subsequent judicial decisions of the Court of Arbitration for Sports (CAS) in Lausanne, the Swiss Federal Tribunal and, sometimes, the European Court of Human Rights frequently draw wide public attention to the fact that in litigations of the sports world, the decisions of the sports governing bodies will generally be upheld on court appeal. This is due to the extraordinary autonomy that sports governing bodies enjoy under Swiss law, deriving on the one hand from the liberal legislations in Switzerland governing associations and arbitration, and on the other hand, from their equally liberal application by the courts, especially in sports-related cases. While the high degree of self-regulation and arbitration in sports allowed the efficient handling of the increasingly complex activities of international sports and of the ever-rising cases of contention among its stakeholders, it is also necessary to point out the flaws of the resulting situation: for the governing bodies of international sports, self-regulation serves primarily the smooth organization of sports, while the specific interests of the subjects of their rules, in particular those of the lower level sports organizations and of athletes, are of secondary importance or may fall completely by the way-side. By contrast, state and international political and judiciary bodies must weigh the interests and rights of all parties involved when regulating relations or deciding in litigation between private parties, so as to ensure that the essential rights of the weaker parties are respected in all situations. This is a heavy responsibility for courts facing the bulk and the power of international sports governing bodies, foremost the Swiss Federal Tribunal, and to a certain extent also the Swiss legislator.

LEX.CH.IT: A Corpus for Micro-Diachronic Linguistic Investigations of Swiss Normative Acts in Italian

Abstract The aim of this paper is to present LEX.CH.IT, a corpus for micro-diachronic linguistic investigations of Swiss normative acts in Italian. Italian has a peculiar position as an official minority translation language within the Swiss institutional system. Until now, few studies have focused on Swiss legal Italian, but the academic interest has been growing over the last two decades. In order to further expand on research in this field, resources such as corpora are fundamental. This is why LEX.CH.IT has been compiled. This corpus was originally created in the context of a doctoral research project, which will be briefly outlined in this paper. The main goals of the project are to determine whether clarity is a feature of Swiss legislation in Italian, whether there have been relevant evolutions over the last five decades and to assess the role of translation for a clear legislation. In the future, LEX.CH.IT could also be useful for a number of other projects aiming to shed light on the features of this language variety.

Psychiatric advance directives in Switzerland: Knowledge and attitudes in patients compared to professionals and usage in clinical practice

BackgroundPsychiatric advance directives (PAD) were shown to be effective in the reduction of coercion and strengthening of the patients` autonomy. Therefore, the Swiss legislation was revised and stipulates that PAD must be taken into account during involuntary hospitalization. This study aimed to analyze knowledge on and attitudes towards this instrument in patients and healthcare practitioners and their usage in clinical practice. MethodsWe developed a structured questionnaire and included patients (n = 110), psychiatrists (n = 205), psychologists (n = 85), nurses (n = 268) and peers (n = 16) to rate their knowledge on and attitudes towards PAD. We registered the existing PAD in patients and peers. The response rate varied between 17% (nurses), 19% (psychologists) 21% (psychiatrists), 33% (peers) and 56% (patients). ResultsOnly 7% of the participating patients had a PAD. Compared to the other groups, patients had the least knowledge on PAD. Psychiatrists were significantly more critical towards PAD. Concerns that PAD impede necessary and adequate treatment, restrict professionals and result in conflicts between patients and HCP were most frequently named as reason for critical attitudes. ConclusionsAlthough being explicitly mentioned in the Swiss legislation the usage of PAD is small. Proactive information and training of psychiatrists might be helpful for a reduction of skeptical attitudes. This might improve the attitudes and lead to active support of patients during the preparation of PAD.

Assessment of baby Bibs. GC-MS screening, migration into saliva and insight of toxicity with QSAR tools

Plastic baby Bibs are, according to the European legislation, food contact materials. Therefore, compositional and migration limits applicable to plastics should be observed. This work aimed at identifying potential migrants in Bibs from European market and determining the migration into artificial saliva. Bibs were subjected to screening analyses (GC-MS). Thirty substances non-authorised in European or Swiss legislation were detected: phthalates, light stabilizers, flame retardants and photoinitiators. Irgacure 184, Cyclohexanone, Tinuvin 770, Isophorone and 9-Octadecenamide, (Z)- were detected in saliva after contact with selected Bibs. The migration values render two samples noncompliant although results should be interpreted with caution given the experimental conditions. In order to gain insight on the toxicity of migrants, QSAR tools were applied. Substances non-evaluated or not-listed were analysed with free software regarding their Cramer class ToxTree and their predicted mutagenicity, carcinogenicity and developmental toxicity (VEGA). Results indicate that surveillance is required: monitoring Bibs'compliance, application of GMPs and traceability.

An innovative photoreactor, FluHelik, to promote UVC/H2O2 photochemical reactions: Tertiary treatment of an urban wastewater

An innovative photoreactor, FluHelik, was used to promote the degradation of contaminants of emerging concern (CECs) by a photochemical UVC/H2O2 process. First, the system was optimized for the oxidation of a model antibiotic, oxytetracycline (OTC), using both ultrapure water (UPW) and a real urban wastewater (UWW) (collected after secondary treatment) as solution matrices. Following, the process was evaluated for the treatment of a UWW spiked with a mixture of OTC and 10 different pharmaceuticals established by the Swiss legislation at residual concentrations (∑CECs <660 μg L−1). The performance of the FluHelik reactor was analyzed both at lab and pre-pilot scale in multiple and single pass flow modes.The efficiency of the FluHelik photoreactor, at lab-scale, was evaluated at different operational conditions (H2O2 concentration, UVC lamp power (4, 6 and 11 W) and flow rate) and further compared with a conventional Jets photoreactor. Both photoreactors exhibited similar OTC removal efficiencies at the best conditions; however, the FluHelik reactor showed to be more efficient (1.3 times) in terms of mineralization when compared with the Jets reactor. Additionally, the efficiency of the UVC/H2O2 photochemical system using the FluHelik photoreactor in reducing the toxicity of the real effluent containing 11 pharmaceuticals was evaluated through zebrafish (Danio rerio) embryo toxicity bioassays. FluHelik scale-up from laboratory to pre-pilot to promote UVC/H2O2 photochemical process proved to be feasible.

Resource use, costs, and approval times for planning and preparing a randomized clinical trial before and after the implementation of the new Swiss human research legislation.

BackgroundThe preparation of a randomized controlled trial (RCT) requires substantial resources and the administrative processes can be burdensome. To facilitate the conduct of RCTs it is important to better understand cost drivers. In January 2014 the enactment of the new Swiss Legislation on Human Research (LHR) considerably changed the regulatory framework in Switzerland. We assess if the new LHR was associated with change in (i) resource use and costs to prepare an RCT, and (ii) approval times with research ethics committees (RECs) and the regulatory authority Swissmedic.MethodsWe surveyed investigators of RCTs which were approved by RECs in 2012 or in 2016 and asked for RCT preparation costs using a pre-specified item list. Additionally, we collected approval times from RECs and Swissmedic.ResultsThe response rates of the investigator survey were 8.3% (19/228) for 2012 and 16.5% (47/285) in 2016. The median preparation cost of an RCT was USD 72,400 (interquartile range [IQR]: USD 59,500–87,700; n = 18) in 2012 and USD 72,600 (IQR: USD 42,800–169,600; n = 35) in 2016. For single centre RCTs a median REC approval time of 82 (IQR: 49–107; n = 38) days in 2012 and 92 (IQR: 65–131; n = 63) days in 2016 was observed. The median Swissmedic approval time for any clinical trial was 27 (IQR: 19–51; n = 213) days in 2012 and 49 (IQR: 36–67; n = 179) days in 2016. The total duration for achieving RCT approval from both authorities (REC and Swissmedic) in the parallel submission procedure applied in 2016 could not be assessed.ConclusionBased on limited data the costs to plan and prepare RCTs in Switzerland were approximately USD 72,000 in 2012 and 2016. For effective and valid research on costs and approval times of RCTs a greater willingness to share cost information among investigators and more collaboration between stakeholders with data linkage is necessary.

Eye lens monitoring programme for medical staff involved in fluoroscopy guided interventional procedures in Switzerland

Epidemiological studies indicate that radiation damages to the eye lens occurs at lower dose values than previously considered (Worgul et al., 2007; Chodick et al., 2008; Ciraj-Bjelac et al., 2010; Rehani et al., 2011; Vano et al., 2010) [1–5]. The International Commission on Radiological Protection lowered the equivalent dose limit value for the eye lens to 20 mSv/year (ICRP, n.d.) [6]. This new limit has been incorporated into the revised Swiss legislation [7]. Prior this change, it was agreed that if the effective dose limit was respected it would implicitly imply the respect of the limit to the eye lens, for penetrating radiation. The concept had to be reviewed in the light of necessary application of the new eye lens dose limit. The new Swiss legislation proposes to use the value of Hp(0.07) measured over the protective apron to estimate the eye lens dose.This study aims to investigate the validity of this approach for medical staff during fluoroscopy guided procedures. The results show that the ratio between thorax and eye lens doses varies greatly from one medical speciality to another, but also between surgeons within the same speciality. Moreover, for a given physician, the ratio varied over the periods of surveillance. Those variations confirmed the crucial influence of external parameters related to experience, practice and workload. The surveillance method is appropriate for most of the procedures performed in the department included in this study. Nevertheless, for the particular configuration in urology, the respect of the effective dose limit measured by the routine dosimetry does not allow direct compliance with the dose limit to the eye lens, unless appropriate protective eye wear gear are worn.

Rationale and methods of an observational study to support the design of a nationwide surgical registry: the MIDAS study.

BACKGROUND Surgical registries are becoming increasingly popular. In addition, Swiss legislation requires data on therapeutic outcome quality. The Swiss Association of Surgeons (Schweizerische Gesellschaft Chirurgie, SGC-SCC) has already agreed on a first minimum data set. However, in the long run the scope and content of the registry should be evidence-based and not only accepted by professional stakeholders. The MIDAS study aims at providing such evidence for the example population of patients undergoing emergency or elective hip surgery. Five relevant aspects are considered: (1) choice of instruments for assessing health related quality of life (HRQoL); (2) optimal time-point for assessment; (3) use of proxy assessments; (4) choice of pre-surgery risk factors; and (5) assessment of peri- and postoperative variables. METHODS MIDAS is a longitudinal observational multicentre study. All patients suffering from a femoral neck fracture or from arthritis of the hip joint with an indication for prosthetic joint replacement surgery will be offered participation. The study is based on a combination of routine data from clinical standard practice with specifically documented data to be reported by the treating clinician and data to be collected in cooperation with the patient – in particular patient-reported outcome measures (PROMs). The latter include the Health Utility Index Mark 3 (HUI3) and Euro-Qol-5D (EQ-5D) as generic instruments, Hip Disability and Osteoarthritis Outcome Score (HOOS) as a disease specific instrument for the assessment of HRQoL, and two performance-based functional tests. Data will be collected at baseline, during hospitalisation/at discharge and at three routine follow-up visits. All patients will be asked to name a person for assessing proxy-perceived HRQoL. DISCUSSION To the best of our knowledge, this is the first study explicitly addressing questions about the design of a national surgical registry in an empirical manner. The study aims at providing a scientific base for decisions regarding scope and content of a potential national Swiss surgical registry. We designed a pragmatic study to envision data collection in a national registry with the option of specifying isolated research questions of interest. One focus of the study is the use of PROMs, and we hope that our study and their results will inspire also other surgical registries to take this important step forward. Trial registration Registered at the “Deutsches Register Klinischer Studien (DRKS)”, the German Clinical Trials Registry, since this registry meets the scope and methodology of the proposed study. Registration no.: DRKS00012991

An unfortunate gap in Swiss legislation on the financing of railway equipment

An unfortunate gap in Swiss legislation on the financing of railway equipment

High-Resolution Ion Mobility Spectrometry for Rapid Cannabis Potency Testing.

We report initial results from an ion mobility spectrometry (IMS)-based analysis of natural cannabis samples and explore the possibility of using this technique to distinguish medical marijuana from illegal forms of the drug, as defined by Swiss legislation. We analyzed cannabis extracts by electrospray ionization IMS-MS and found that high-resolution drift-tube IMS ( R> 150) can effectively isolate and quantify the controlled substance, Δ9-tetrahydrocannabinol (THC), even in the presence of other noncontrolled cannabinoid isomers including cannabidiol (CBD). We used this information to determine whether the THC content of a given sample surpassed the legal limit, which is 1% by weight in Switzerland. Our IMS-MS methodology produced equivalent quantification results to standard HPLC-based methods and offers the additional advantage of significantly shorter time requirements for the analysis. In addition, IMS-based analysis offers flexibility over HPLC in that it can be performed on portable devices. As such, these findings may have implications for cannabis testing in police laboratories.

THE TRANSFER OF INTERMEDIATED SECURITIES AND OF THE CORRESPONDENT RUSSIAN LAW TERM

The recent reform of the Russian Civil Code (hereinafter RCC) has also considerably touched the regulation of uncertificated securities. Such issues as the legal nature, the protection of a bona fide purchaser and the transfer, including the creation of security interests were precised by the legislator in the Code. As for the transfer, we may affirm that this was one of the main points of the reform in respect of those securities. What about the Swiss legislation, we can also affirm that the disposition of the intermediated securities was one of the key elements of the Federal Intermediated Securities Act, also known as FISA. In this article we intend to analyze precisely the methods of transfer applicable to intermediated securities under Swiss law and compare them with those which are governed by the modified dispositions of the RCC. In order to finalize our analysis on that subject we will also touch some points raised in the previous article. Thus, the present work will be the consequent continuation of the discussion started in my previous article.

Experts’ perspectives on SwissDRG: Second class care for vulnerable patient groups?

On the 1st of January 2012, Switzerland introduced the diagnosis-related group hospital tariff structure (SwissDRG). It was recognised that healthcare provided to the most vulnerable patient groups would be a challenge for the new SwissDRG. Coincident with the implementation of SwissDRG, we explored hospital experts' perceptions of which patient groups are vulnerable under the SwissDRG system, what has changed for this group, as well as solutions to ensure adequate access to health care for them.We interviewed 43 experts from 40 Swiss hospitals. Participating experts named several vulnerable patient groups who share some common characteristics. These hospital experts were concerned about the patient groups that are not financially profitable and questioned the practicability of the current regulation. At the same time, they highlighted the complexity associated with caring for this group under the new SwissDRG and reported measures at the macro, meso, and micro levels to protect vulnerable patient groups from negative effects.To curb negative outcomes for vulnerable patient groups after the introduction of the SwissDRG, the Swiss legislation has introduced various instruments including the acute and transitional care (ATC) measures. We conclude that ATC measures do not produce the expected effect the legislators had hoped for. More health data is needed to identify situations where vulnerable patient groups are more susceptible to inadequate health care access in Switzerland.

Buy-Out of the Oppressed Minority’s Shares in Joint Stock Companies: A Comparative Analysis of Turkish, Swiss and English Law

Article 531 of the Turkish Commercial Code grants the right to request corporate dissolution for just causes to shareholders representing at least 10% of the capital in joint stock companies, and 5% in publicly traded companies. In addition to dissolution, the court can order purchase of the claimant’s shares at real value (buy-out remedy) or adopt a different solution. This article conducts an economic analysis of the buy-out remedy against minority oppression and compares Turkish law with Swiss and English legislation. The buy-out remedy is supposed to provide an ex post control on the controller’s conduct, and it is expected to function as a put option conditional upon oppression. However, the current provision does not provide the expected incentives. Addressing this issue, I suggest that: (1) the relief sought by the claimant should be taken into account; (2) the purchaser of the claimant’s shares should be the oppressive controller, rather than the company in question; (3) the standard of ‘just cause’ to be proven should not be equal for each remedy, and thus, the courts should be able to give a buy-out order even if the facts do not justify corporate dissolution; (4) dissolution orders should not be given in cases where there is a going-concern value to protect; and finally, (5) the valuation of the claimant’s shares should, in principle, be made on a going concern and pro rata basis, and any depreciation of the claimant’s shares due to the controller’s abusive conducts should be taken into account.

Arbitration (Arbitral Tribunal): History and Legal Nature

Since the ancient times, has been considered as an institution of peace and justice. Rene David noted that the essence of was not to maintain the rule of law, but to ensure harmony between people. Arbitration is a society-oriented institution of dispute resolution. However, the history of this institution shows that the legal regulation of its activities always depended on the state. Currently, there is no generally accepted definition of arbitration, although some legal acts both international and national nature reflect attempts to give a legal notion of this institution. At the doctrinal level, there are four established approaches to arbitration: contractual, procedural, mixed and autonomous. The author of this article examines the legal nature of in a historical aspect, starting with the countries of the Ancient World and Medieval Europe. An attempt has been made to compare the history, legislative, organizational and legal bases of in Russia and Switzerland. Despite the differences in the traditions of arbitral tribunals in these countries, this comparison is quite correct for the author. In Switzerland, (the arbitral tribunal) has a fairly long history, and the legislative regulation of its activities is devoid of internal contradictions. In addition, the Swiss legislator promptly makes changes in regulatory legal acts to provide more favorable conditions for proceedings to the disputing parties in order to attract to Switzerland commercial organizations seeking to resolve their conflicts in this country. Since 2012 some changes in the law on have come into force in Switzerland, and new Rules of have been adopted by the Swiss Chambers of Commerce. In contrast to Switzerland, in Russia the first legal acts in the field of private commercial were enacted only after 1990. The Russian legal concept of commercial disputes resolution today partially reflects the concept of Soviet arbitration, where it means state arbitration. In the Russian Federation till now, there are state courts. However, the subject of this study will be a different arbitration, the creation of which is provided by Federal Law No. 382 of December 29, 2015 On Arbitration (arbitration proceeding) in the Russian Federation. In accordance with this law, the term arbitration may have at least two meanings. This term, on the one hand, refers to a procedure or method of dispute resolution, on the other - an authority or institution that resolves a dispute and makes a decision on it. The new law on provides definitions of arbitration, arbitral tribunal and institution, but at the same time contains many contradictions with the current legislation. The author makes a well-founded conclusion that is a private legal method of dispute resolution, whose decision is mandatory for the parties that apply to it, and by regulating its activities, the Russian legislator is trying to create a favorable environment for the resolution of such disputes. At the same time, the Federal law of December 29, 2015 provides for the dependence of (arbitral tribunal) on the state.